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SEWERAGE ACT

Reproduced from statutes of Republic of Korea

SEWERAGE ACT

Wholly Amended by Act No. 8014, Sep. 27, 2006

Amended by Act No. 8338, Apr. 6, 2007

Act No. 8352, Apr. 11, 2007

Act No. 8371, Apr. 11, 2007

Act No. 8819, Dec. 27, 2007

Act No. 8820, Dec. 29, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8957, Mar. 21, 2008

Act No. 8976, Mar. 21, 2008

CHAPTER GENERAL PROVISIONS

Article 1 (Purpose)

The purposes of this Act are to contribute to the sound development of local communities and the improvement of public hygiene and to preserve the quality of public waters through proper treatment of sewage and foul waste by providing for standards, etc. for the installation and management of sewerage system.

Article 2 (Definitions)

The definitions of terms used in this Act shall be the following:

1. The term "sewage" refers to water contaminated by a mixture of liquid or solid created from human life and economic activities (hereinafter referred to as "wastewater"), and rainwater and ground water that flow from the premises of buildings, roads, and other facilities into sewerage systems: Provided, That those from farming agricultural products are excluded herefrom;

2. The term "foul waste" refers to liquid or solid contaminants collected from collecting type toilets (including sludge created in the course of cleaning private sewage treatment facilities);

3. The term "sewerage system" refers to the entire system of sewage culverts, public sewage treatment plants, foul waste treatment plants, water renewal systems and drainage systems, private sewage treatment facilities, and other structures and facilities installed for the discharge or treatment of sewage and foul waste;

4. The term "public sewerage system" refers to a sewage system installed or maintained by each local government: Provided, That private sewerage is excluded herefrom;

5. "The term "private sewerage" refers to a water renewal system and drainage system, private sewage treatment facilities, and other annexed facilities installed for the discharge or treatment of sewage created from a building or facility, etc. by the builder or owner of the building or facility, etc;

6. The term "sewage culvert" refers to pipelines and annexed facilities installed or managed by a local government for transporting sewage to a public sewage treatment plant or discharging it to a river, sea, or any other public waters;

7. The term "combined sewage culvert" refers to a sewage culvert for combined stream of wastewater and rainwater or ground water flowing into a sewerage system;

8. The term "separate sewage culvert" refers to a sewage culvert capable of handling wastewater separately from rainwater or ground water flowing into a sewerage system; . Waterworks & Sewerage

3. Sewerage Act 553

9. The term "public sewage treatment plant" refers to a treatment plant and its ancillary facilities installed or managed by a local government for treating sewage and discharging it to a river, sea, or any other public water;

10. The term "waste treatment plant" refers to a plant that treats foul waste in such manner as sedimentation, dissolution, etc.;

11. The term "water renewal system" refers to facilities for treating again wastewater produced from buildings, facilities, or suchnd reusing it as household water, industrial water, etc.;

12. The term "drainage system" refers to drainage pipes and other draining facilities installed through which sewage effluent from buildings, facilities, or such flows into a public sewerage system;

13. The term "private sewage treatment facility" refers to a facility for treating wastewater created by buildings, facilities or such in such way as sedimentation, dissolution, etc.;

14. The term "discharge-allowed area" refers to an area publicly notified pursuant to Article 15 as an area where sewage is allowed to be discharged through a public sewerage system; and

15. The term "treatment-required area" refers to an area publicly notified pursuant to Article 15 as an area where sewage is required to be treated through a public sewage treatment plant. Article 3 (Responsibilities of State and Local Governments) (1) The State shall be responsible for establishing a basic policy on the installation and management of sewerage system, the development of related technology, etc. and giving technical and financial support to local governments as required for their earnest performance of responsibility under paragraph (2).

(2) The head of each local government shall be responsible for the proper treatment of sewage and foul waste created within his/her jurisdiction through the installation and management of public sewerage system.

Article 4 (Establishment of the Master Plan for Nationwide Sewerage System) (1) The Minister of Environment shall establish a master plan for nationwide sewerage system covering a span of ten years (hereinafter referred to as "master plan") for the systematic development of the State's policy on sewerage system.

(2) The master plan shall include the following matters:

1. Matters concerning the conditions of sewage treatment;

2. Matters concerning the goals of sewage treatment;

3. Matters concerning the direction of policy including the implementation strategy for sewage treatment, the detailed implementation plan, etc;

4. Matters concerning the promotion of region-wide sewerage projects;

5. Matters concerning the extension and rearrangement of public sewerage system;

6. Matters concerning the rearrangement and spread of private sewerage;

7. Matters concerning the research on and development of sewerage system:

8. Mattes concerning the improvement of the sewerage management system;

9. Matters concerning the securing and training of the human resources relating to sewerage system; and

10. Matters concerning the estimation of the cost and expenses required for the implementation of the projects related to sewerage system and the raising of fund therefor. (3) The Minister of Environment shall, whenever he/she intends to establish or revise the master Reproduced from statutes of Republic of Korea

plan, consult in advance with the heads of related central administrative agencies, the Mayor of the Special Metropolitan City or a Metropolitan City, or Do governor (hereinafter referred to as "Mayor/Do governor"), and shall, whenever he/she has established or revised the master plan, notify the heads of the related administrative agencies and the City/Do governor thereof. (4) The Minister of Environment may, when he/she intends to establish or revise the master plan, demand the heads of related administrative agencies and the Mayor/Do governor to submit relevant data. In this case, the heads of related administrative agencies and the Mayor/Do governor shall comply with such a demand, unless there is any exceptional situation otherwise. (5) The Minister of Environment shall review the feasibility of the master plan at the lapse of every five years after the establishment of the plan, and shall revise the plan, if necessary. Article 5 (Authority, etc. for Establishing Framework Plan for Sewerage Management) (1) The Special Metropolitan City Mayor, each Metropolitan City Mayor, or the head of Si or Gun (excluding the head of Gun within a Metropolitan City) shall establish a framework plan for sewerage management covering a span of twenty years for each basin in their respective jurisdictions (hereinafter referred to as "framework plan for sewerage management") based on the master plan with a view to the improvement of public hygiene and living environment essential for human health and the maintenance of the standard water quality prescribed by the Framework Act on Environmental Policy. In this case, the aforesaid plan for a specific area shall be based on the basic urban plan under Article 18 of the National Land Planning and Utilization Act, if there is such a plan established for the area. (2) In case where a sewerage system passes through two or more jurisdictions of the Special Metropolitan City, Metropolitan Cities, Si or Gun (excluding Gun within a Metropolitan City) or there is any exceptional situation, the Mayor/Do governor or the head of Si or Gun (excluding the head of Gun within a Metropolitan City) designated by the Presidential Decree shall establish the relevant framework plan for the sewerage management.

(3) The framework plan for sewerage management shall include the following matters:

1. Basic principles for sewerage management;

2. Matters concerning the discharging-allowed area or a treatment-required area depending upon sewerage system;

3. Matters concerning the layout, structure and capacity of basic facilities for sewerage system;

4. Matters concerning the placement of combined sewage culverts and separate sewage culverts;

5. Matters concerning the priority in implementation of sewerage management works;

6. Matters concerning the plan for the reuse of water treated by public sewage treatment plants and the installation of facilities for reuse;

7. Matters concerning the plan for disposal of sludge created in the course of treatment by public sewage treatment plants and the installation of treatment plants;

8. Matters concerning the plan for treatment of foul waste and installation of foul waste treatment plants;

9. Matters concerning the interconnected treatment of sewage and foul waste;

10. Matters concerning the estimation of cost and expenses required for the implementation of projects related to sewerage system and the raising of fund therefor; and

11. Other matters publicly notified by the Minister of Environment as he/she deems necessary for the maintenance of sewerage system.

. Waterworks & Sewerage

3. Sewerage Act 555

Article 6 (Establishment, etc. of Framework Plan for Sewerage Management) (1) The authority to establish the framework plan for sewerage management under Article 5 (1) and (2) (hereinafter referred to as "authority responsible for the establishment of the framework plan for sewerage management") shall, whenever intending to establish the framework plan for sewerage management, obtain approval of the Minister of Environment, as prescribed by Presidential Decree. The foregoing shall also apply to a revision to any important matter as specified by Ordinance of the Ministry of Environment among matters already approved. (2) The Minister of Environment shall, whenever intending to grant approval or a revised approval pursuant to paragraph (1), have a prior consultation with the Minister of Land, Transport and Maritime Affairs. (3) The authority responsible for the establishment of a framework plan for sewerage management shall review the feasibility of the plan once every five years after obtaining the approval under paragraph (1), and shall revise the plan, if necessary.

(4) Where there occurs any event or cause that triggers the revision to the framework plan for sewerage management such as the establishment of or revision to the basic urban plan under Article 18 of the National Land Planning and Utilization Act, the basic plan for dam construction under Article 7 of the Act on Construction of Dams and Assistance, etc. to their Environs, or any other public plan, the authority responsible for the establishment of the framework plan for sewerage management shall revise the framework plan for sewerage management, reflecting such event or cause therein. (5) When there is any change in an important matter of the master plan owing to a change in the direction of policy or any other similar cause, the Minister of Environment may request the authority responsible for the establishment of the framework plan for sewerage management to revise the framework plan accordingly.

(6) If the authority responsible for the establishment of the framework plan for sewerage management does not revise the framework plan for sewerage management without any justifiable reason, although there has occurred a cause or event that triggers the revision to the framework plan, the Minister of Environment may request the said authority to revise it. Article 7 (Standards of Effluent Water Quality)

(1) The standards of the quality of the effluent water discharged from public sewage treatment plants, waste treatment plants, and private sewage treatment facilities shall be prescribed by the Ordinance of the Ministry of Environment. In this regard, stricter standards may be prescribed particularly for the special measure-required areas under Article 22 of the Framework Act on Environmental Policy or specific areas specified by the Presidential Decree as required for the preservation of water quality of water supply sources or the conservation of living environment. (2) The Special Metropolitan City and each Metropolitan City or Do (hereinafter referred to as "City/Do") may establish their own standards of the effluent water quality stricter than the standards under paragraph (1) by the Ordinance of the relevant City/Do, if it is deemed difficult to maintain the environmental standards under Article 10 (3) of the Framework Act on Environmental Policy. Article 8 (Access, etc. to Land Owned by Others)

(1) The head of a local government or a person with an order issued or an authority delegated by the head of a local government may have access to other person's land or use temporarily other person's land currently vacant with no specific purpose of use as material storage yard, passage or temporary road, if necessary for the inspection, survey, construction works, or maintenance of public sewerage system, and may also remove or alter trees, shrubs, and other obstacles (hereinafter collectively referred to as "obstacles"), wherever particularly required to do so. Reproduced from statutes of Republic of Korea

(2) Any person who intends to enter other person's land pursuant to paragraph (1) shall notify the occupant of the land of his/her intended entrance in advance, and any person who intends to use other person's land or remove or alter obstacles therein shall notify in advance the owner and occupant of the land of his/her intended action to hear their opinions: Provided, That such a notice may be given by a method prescribed by the Presidential Decree, if it is difficult to deliver a notice in advance. (3) No one may enter other person's residential premises or land surrounded by a wall or fence before sunrise or after sunset without the consent of the occupant of the relevant land. (4) Any occupant of land shall not reject or interfere with the access or use under paragraph (1) without a justifiable reason.

(5) Everyone who intends to enter other person's land pursuant to paragraph (1) shall carry an identification showing his/her authority to present it, whenever demanded by the people concerned. (6) Necessary matters concerning the identification under paragraph (5) shall be prescribed by the Ordinance of the Ministry of Environment.

Article 9 (Compensation for Damages)

(1) The head of a local government shall compensate any person who sustains damages or losses by the access, use, removal or alteration of obstacles made under Article 8 (1) for such damages or losses, if any.

(2) The head of a local government shall make an agreement with the person who has sustained damages or losses on the compensation for damages or losses under paragraph (1). (3) Either the head of a local government or the person who has sustained damages or losses may file an application for adjudication with the competent Land Tribunal, as prescribed by the Presidential Decree, if they fail to reach an agreement under paragraph (2) or are unable to negotiate each other. Article 10 (Expropriation and Use of Land, etc.)

(1) Any person who intends to install a public sewerage system may, when necessary for the installation of the public sewerage system, expropriate or use land or the similar pursuant to Article 3 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. (2) If there is the public notice under Article 11 (2), or the authorization and public notice of such authorization under paragraphs (3), (4), and (6) of the same Article, or the permission and public notice of such permission under Article 16, it shall be deemed that there are the project approval and the public notice of such project approval under Articles 20 (1) and 22 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, and an application for adjudication may be filed during the project execution period publicly notified pursuant to Article 11 or 16, notwithstanding Articles 23 (1) and 28 (1) of the same Act.

(3) Except as provided for in this Act, the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall apply mutatis mutandis to the expropriation or use of land or the similar under paragraph (1).

CHAPTER INSTALLATION AND MANAGEMENT OF PUBLIC

SEWERAGE SYSTEM

Article 11 (Installation, etc. of Public Sewerage System) (1) The head of each local government shall install a public sewerage system in compliance with the framework plan for sewerage management.

(2) The Mayor/Do governor shall, when he/she intends to install a public sewerage system, give a public notice of the location and area of the construction site of the planned project, the types of . Waterworks & Sewerage

3. Sewerage Act 557

facilities to be installed, the project execution period, etc. as prescribed by the Presidential Decree. The foregoing shall also apply when he/she intends to revise or abolish the matters publicly notified. (3) The head of Si/Gun/Gu (the head of Gu refers only to the head of an autonomous Gu; the same shall apply hereinafter) shall, whenever he/she intends to install a public sewerage system, obtain an approval of the Mayor/Do governor. The foregoing shall also apply when he/she intends to revise or abolish the matters already approved.

(4) Notwithstanding paragraph (3), the head of Si/Gun/Gu, who is not obligated to establish and implement the total water pollution load control plan under Article 8 of the Act on the Improvement of Water Quality and Support for Residents of the Riverhead of the Han River System or the implementation plan for total water pollution load control under Article 11 of the Act on the Management of Water and Support for Residents of the Geum River System, but intends to install a public sewage treatment plant at a special-measure-required area designated and publicly notified pursuant to Article 22 of the Framework Act on Environmental Policy with a view to preservation of water supply sources at the riverhead, shall obtain an authorization of the Minister of Environment, as prescribed by the Presidential Decree. The foregoing shall also apply to any revision or abolition of the matters already approved.

(5) The Mayor/Do governor shall, when he/she intends to give a public notice pursuant to paragraph (2) or an authorization pursuant to paragraph (3) concerning the public sewerage system that he/she plans to install with a subsidy from the State, consult in advance with the Minister of Environment about the raising and spending of the fund necessary for the installation, as prescribed by the Presidential Decree.

(6) The Minister of Environment or the Mayor/Do governor shall, when he/she grants an authorization pursuant to paragraph (3) or (4), publicly notify the contents of the authorization, as prescribed by the Presidential Decree.

(7) If the head of any local government does not follow the framework plan for sewerage management in installing a public sewerage system, the Minister of Environment may request the head of the relevant local government to install the public sewerage system in compliance with the framework plan for sewerage management.

Article 12 (Standards for Installation, etc.)

(1) The standards for the installation of public sewerage system including the scale and layout of the public sewerage system, discharging points, etc. shall be prescribed by the Presidential Decree. (2) The technical standards for the structure of public sewerage system shall be prescribed by the Ordinance of the Ministry of Environment.

(3) The materials used for installation of sewerage system shall conform to the standards prescribed by the Presidential Decree.

Article 13 (Execution of Projects, etc. for Combined-Purpose Structures, etc.) (1) Where the facility of a public sewerage system serves combined purposes of use to provide the utility of a road, a dike, or any other public facility or structure (hereinafter referred to as "combined-purpose structure"), the public sewerage management authority under Article 18 (hereinafter referred to as "public sewerage management authority") may either execute construction works or works for maintenance for the combined-purpose structure on its own or allow the person who is responsible for the management of the combined-purpose structure (hereinafter referred to as "management agency for the combined-purpose structure") to execute construction works or works for maintenance for the public sewerage system, subject to the prior consultation with the management agency for the combined-purpose structure.

Reproduced from statutes of Republic of Korea

(2) Construction or maintenance works executed by a public sewerage management authority for any combined-purpose structure pursuant to paragraph (1) shall be deemed as the construction or maintenance works for the public sewerage system involved.

Article 14 (Execution of Accompanying Construction Works) A public sewerage management authority may execute any construction work other than public sewerage system works along with the public sewerage system works, if such work has become necessary as a consequence of such public sewerage system works or in order to execute such public sewerage system works (hereinafter referred to as "accompanying construction work"). In this case, such an accompanying construction work shall be deemed as a work for public sewerage system in application of this Act.

Article 15 (Public Announcement, etc. of Commencement of Service) Every public sewerage management authority shall, when it plans to open a public sewerage system for service, publicly announce the time when the public sewerage system will commence its service, the discharge-allowed area (or the treatment-required area if there is a public sewage treatment plant involved; the same shall apply hereinafter), the current status of combined and separate sewage culverts, and other matters prescribed by the Presidential Decree, and shall make related drawings available to the general public for inspection.

Article 16 (Execution of Construction Works, etc. by Any Person Other than Public Sewerage Management Authority) (1) Any person other than the head of a local government may execute any construction or maintenance work related to a public sewerage system only with permission from the competent public sewerage management authority: Provided, That any minor maintenance work specified by Presidential Decree may be done without such permission.

(2) Each public sewerage management authority shall, whenever it grants permission pursuant to the main text of paragraph (1), publicly notify the contents thereof as prescribed by Presidential Decree. Article 17 (Constructive Authorization, Permission, etc.) (1) When the Minister of Environment or the head of a local government gives a public notice pursuant to Article 11 (2), or grants authorization pursuant to paragraphs (3) and (4) of the same Article or permission pursuant to Article 16 (1), matters on which the Minister of Environment or the head of a local government has reached an agreement with the head of an administrative agency concerned pursuant to paragraph (2) below shall be deemed to have obtained permission, authorization, license, agreement, approval, or release set forth in one of the following subparagraphs (hereinafter referred to as "authorization, permission, or similar") for the installation of the public sewerage system concerned, while it shall be deemed that a public notice of authorization, permission, or similar has been given pursuant to one of the Acts set forth in the following subparagraphs, where a public notice under Article 11 (2) and (6), or Article 16 (2) has been issued:

1. Obtaining approval for the occupation and use of public water under Article 5 of the Public Waters Management Act, or obtaining an authorization for, or filing a report on an implementation plan under Article 8 of the same Act;

2. Obtaining a license for reclamation under Article 9 of the Public Waters Reclamation Act, approval for an implementation plan under Article 15 of the same Act, or an agreement or approval for reclamation of public waters under Article 38 of the same Act;

3. Obtaining permission for a development action under Article 56 (1) of the National Land Planning and Utilization Act;

4. Obtaining permission or an agreement on the conversion of farmland under Article 34 of the Farmland . Waterworks & Sewerage

3. Sewerage Act 559

Act;

5. Obtaining permission for the execution of road construction works under Article 34 of the Road Act and a permission for the occupation and use of a road under Article 38 of the same Act;

6. Obtaining permission under subparagraphs 1 and 4 of Article 20 of the Cultural Heritage Protection Act and a permission for the use of the State-owned land under the proviso of Article 54 of the same Act;

7. Obtaining permission for the opening of a private road under Article 4 of the Private Road Act;

8. Obtaining permission for the restrictions on acts within an area subject to protective measures against land erosion under Article 14 of the Work against Land Erosion or Collapse Act and the revocation of designation of an area subject to protective measures against land erosion under Article 20 of the same Act;

9. Obtaining permission of the conversion of a mountainous district under Article 14 of the Management of Mountainous Districts Act;

10. Obtaining permission for or filing a report on timbering standing trees under Article 36 of the Creation and Management of Forest Resources Act; Provided, That forests for seeds collection, reserved forests, forests for preservation of genetic resources, and experimental forests shall be excluded herefrom;

11. Obtaining the designation of a project executor under Article 16 (1) of the Industrial Sites and Development Act or an approval for an implementation plan under Articles 17 (1), 18 (1), and 19 (1) of the same Act;

12. Obtaining permission for the disposition of a grave situated in other person's land under Article 23 (1) of the Funeral Services, etc. Act;

13. Obtaining permission for the conversion of grassland under Article 23 of the Grassland Act;

14. Taking an examination on the results of a land survey before using it under Article 25 of the Land Survey Act; or

15. Obtaining permission for river works under Article 30 of the River Act or permission for the occupation and use of a river under Article 33 (1) 1 through 4 of the same Act. (2) In issuing a public notice under Article 11 (2), or granting authorization under paragraphs (3) and (4) of the same Article or permission under Article 16, the Minister of Environment or the head of a local government shall, if the project plan includes any matter set forth in one of subparagraphs of paragraph (1), consult in advance with the head of the administrative agency concerned. In this case, the head of the administrative agency concerned shall, upon receiving a request for such consultation, present his/her opinion within the time period set by the Presidential Decree. (3) In responding to the request for consultation pursuant to paragraph (2), the head of the administrative agency concerned shall not make an agreement in violation of the standards for the authorization, permission, or the similar as provided by relevant Acts and subordinate statutes. Article 18 (Public Sewerage Management Authority) (1) The head of the competent local government shall act as the public sewerage management authority. In this regard, the scope of management of each public sewerage management authority for a public sewerage system shall be prescribed by the Ordinance of the Ministry of Environment. (2) If a public sewerage system passes through two or more jurisdictions of the heads of local governments, or if there is any other extraordinary situation, the head of a local government specified in the guidelines prescribed by the Presidential Decree shall act as the public sewerage management authority. (3) The public sewerage management authority under paragraph (2) shall make a public announcement Reproduced from statutes of Republic of Korea

on the matters specified by the Presidential Decree including the facilities or areas, etc. of the public sewerage system to be under his/her control.

Article 19 (Maintenance and Management of Public Sewerage System and Prohibition of Destruction and Interference) (1) Everyone who operates and manages a public sewerage system shall comply with the standards prescribed by the Presidential Decree including the standards of the effluent water quality under Article 7 (hereinafter referred to as "standards of the effluent water quality") to maintain and control the public sewerage system properly.

(2) Everyone who operates and manages a public sewerage treatment plant or a waste treatment plant shall not commit any of the following acts without a justifiable reason as prescribed by the Ordinance of the Ministry of Environment such as heavy rain, an accident, or where necessary for a treatment method:

1. An act of discharging sewage from a sewage treatment-required area as publicly notified pursuant to Article 15 without collecting it into a public sewage treatment plant, or an act of installing a facility that enables to discharge such sewage without collecting it into a public sewage treatment plant;

2. An act of discharging sewage or foul waste influent into a public sewage treatment plant or waste treatment plant without passing through the final discharging outlet, or an act of installing a facility that enables to discharge such influent sewage or foul waste without passing through the final discharging outlet; or

3. An act of disposing of or discharging foul waste with water mixed. (3) Everyone who operates and manages a public sewage treatment plant or waste treatment plant shall conduct discharged water quality tests and sludge composition tests as prescribed by the Presidential Decree, and shall keep the records of the tests for five years. (4) If a person who has installed or manages a waste treatment plant has treatment capacity enough to spare in his/her waste treatment plant may receive livestock waste under the Act on the Management and Use of Livestock Excreta into the relevant waste treatment plant for treatment. (5) No one may destroy a public sewerage system or cause any damage upon its functions to interrupt sewage flow.

(6) No one may manipulate a public sewerage system to interfere with sewage flow without a justifiable reason.

Article 20 (Technical Checkup, etc.)

(1) Every public sewerage management authority shall conduct a technical checkup of the public sewerage system under its control once every five years to examine the state of maintenance of the public sewerage system.

(2) Every public sewerage management authority shall establish and implement an improvement plan for the public sewerage system in bad condition discovered as a result of the technical checkup under paragraph (1).

(3) Necessary matters concerning the subject matters, details, etc. of the technical checkup under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Environment. Article 21 (Reuse of Water Treated by Public Sewage Treatment Plants) (1) Every sewerage management authority shall use the water treated by the public sewerage treatment plants for industrial purpose, toilets, sprinkling, car washing, cleaning, landscaping, etc. (hereinafter referred to as "recycled water") or supply it to the people who need it. (2) The scope of the facilities that are obligated to use the recycled water treated pursuant to paragraph (1) or to which such recycled water is required to be supplied, the standards of the quantity of recycled . Waterworks & Sewerage

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water, and other necessary matters shall be prescribed by the Presidential Decree. (3) Every public sewerage management authority may collect a charge from the persons to whom the recycled water is supplied pursuant to paragraph (1), as prescribed by the Municipal Ordinance of the local government.

Article 22 (Restriction, etc. on Use)

Every public sewerage management authority may designate the whole or part of a discharge-allowed area to place a temporary restriction or ban on the use of its public sewerage system for executing construction works for the public sewerage system or because of any other inevitable cause or event. In this case, the authority shall give a public notice of the area affected and duration in advance or notify the people concerned thereof.

Article 23 (Installation, etc. of Hazard-preventive Facility) Every public sewerage management authority may order a person who continually flows sewage that falls under any of the following subparagraphs into the public sewerage system to install a facility for preventing hazards from such sewage (hereinafter referred to as "hazard-preventive facility") or take any other necessary measures, as prescribed by the Presidential Decree:

1. Sewage with water quality that is likely to impede significantly the functions of the public sewerage system or destroy or damage the facility seriously; or

2. Sewage that is likely to cause difficulties in maintaining the standards of the effluent water quality. Article 24 (Permission for Occupation and Use)

Any person, who wants to install a facility or structure, pile up any goods or conduct an act that constitutes occupation and use as prescribed by the Presidential Decree to the effect that such acts are likely to give an impact on a public sewerage system, shall obtain a permission of the competent public sewerage management authority in advance, as prescribed by the Presidential Decree. Article 25 (Work Suspension Order, etc.)

(1) If any person who executes construction works for installation of a public sewerage system falls under any of the following subparagraphs, the authority to grant an authorization for the installation of such public sewerage system (which means the authority for granting an authorization pursuant to Article 11, and the authority refers to the Minister of Environment if the person who installs it is the Mayor/Do governor) may issue an oder to suspend or alter the construction works or to take any other necessary measures:

1. If the person executes installation works for the public sewerage system without due authorization or public notice;

2. If the installation works for the public sewerage system executed by the person is different from the authorization or public notice in detail; or

3. If there is any other reason prescribed by the Ordinance of the Ministry of Environment. (2) The Minister of Environment may order a person who has not installed, maintained, or managed any public sewerage system in compliance with the standards under Article 12 or 19 to ameliorate the facility or take any other necessary measures within a time period given by the Minister. CHAPTER INSTALLATION AND MAINTENANCE OF PRIVATE

SEWERAGE

SECTION 1 Water Renewal System, Drainage System, etc. Article 26 (Installation of Water Renewal System) Reproduced from statutes of Republic of Korea

(1) Any person who intends to build a new facility that falls under any of the following subparagraphs in order to use water efficiently (including the cases where the section extended, altered, or reconstructed falls under any of the following subparagraphs; the same shall apply hereinafter for the purpose of this Article) shall solely or jointly install and operate a water renewal system that has a capacity of enabling the reuse of at least ten percent of the water consumed by him/her, and shall notify the head of Si/Gun/Gu of the results of the installation of such a water renewal system: Provided, That the foregoing shall not apply to any person who has recycled water supplied from a public sewerage management authority pursuant to Article 21 (1) to cover at least ten percent of the water consumed by him/her:

1. A facility with a total floor area of 60,000 square meters or larger, used for a lodging or public bath business under Article 2 (1) 2 or 3 of the Public Health Control Act;

2. A facility used as a factory under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act, which discharges industrial effluent of 1,500 cubic meters or more each day; or

3. Any other facility of the type and the scale not smaller than the scale as specified by the Presidential Decree.

(2) The matters concerning the standards and management of the water renewal system, necessary matters concerning the standards of the water consumption under the main text of paragraph (1) except subparagraphs thereof, the total floor area under subparagraph 1 and 2 of the same paragraph, the standards for the computation of discharged quantity of industrial effluent, etc. shall be prescribed by the Ordinance of the Ministry of Environment.

(3) The State may subsidize the cost and expenses for the installation of a water renewal system, while each local government may, as prescribed by its Municipal Ordinance, reduce the water bill rate or sewerage bill rate for the owners, etc. of the facilities where a water renewal system is installed. (4) The Minister of Environment or the head of a local government may order any person who has built a new facility as defined in paragraph (1) to fulfill his/her obligation, if he/she has not installed a water renewal system for operation.

Article 27 (Installation, etc. of Drainage System) (1) When the service of a public sewerage system is inaugurated at a certain discharge-allowed area, each owner or caretaker of land within the area (or each owner or caretaker of a facility on the land, if any) or the managing agency of a state-or public-owned facility shall discharge sewage produced from the discharge-allowed area into the public sewerage system, and shall install the drainage system as necessary.

(2) Each public sewerage management authority may, if necessary for preventing the bad installation of the drainage system, order a person who is obligated to install the drainage system under paragraph (1) to commission other person who meets the requirements prescribed by the Presidential Decree to execute the installation of the drainage system vicariously: Provided, That the foregoing shall not apply to any construction work that falls under either of the following subparagraphs:

1. A work related to the interior drainage system; or

2. A work for maintenance and management of the drainage system that does not cause any trouble to the functions of the public sewerage system such as dredging, repairing work, etc. for the drainage system.

(3) Any person who intends to install a drainage system under paragraph (1) shall file a report on the matters specified by the Presidential Decree including the type and size of the drainage system with the competent public sewerage management authority. (4) Any person who is obligated to install a drainage system under paragraph (1) and intends to flow . Waterworks & Sewerage

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sewage in the quality and quantity equivalent to or exceeding those prescribed by the Presidential Decree into the public sewerage system shall file a report on the matters concerning the quality and quantity of the relevant sewage, the date scheduled for the commencement of the operation of the drainage system, etc. along with the report on the installation of the drainage system in accordance with paragraph (3). The foregoing shall also apply to any revision to the quality or quantity of the sewage reported.

(5) A person who is obligated to install the drainage system under paragraph (1) shall, upon the completion of the installation works, undergo an final inspection conducted by the competent public sewerage management authority in accordance with the Municipal Ordinance of the local government. (6) Maintenance and management of a drainage system installed in accordance with paragraph (1) is the responsibility of the person who has installed the system as prescribed by the Municipal Ordinance of the local government concerned: Provided, that the drainage system from the bounds of the land to the public sewerage system may be maintained and managed by the competent public sewerage management authority in accordance with the Municipal Ordinance of the local government concerned. (7) Except as provided by the Building Act and other Acts and subordinate statutes, the installation and structure of drainage systems shall be governed by the standards established by the Ordinance of the Ministry of Environment.

Article 28 (Exemption from Discharging into Public Sewerage System) Notwithstanding Article 27 (1), any person who discharges sewage that falls under any of the following subparagraphs may be exempted from discharging the sewage into the public sewerage system. In this case, such a person shall obtain an approval of the competent public sewerage management authority as prescribed by the Ordinance of the Ministry of Environment:

1. Sewage that does not exceed the standards of the effluent water quality from public sewage treatment plants;

2. Water discharged from terminal industrial effluent treatment plants under Article 48 of the Water Quality Conservation Act; or

3. Other sewage specified by the Ordinance of the Ministry of Environment. Article 29 (Use of Other's Land or Drainage System) (1) If it is difficult or impossible for any person who installs or manages a drainage system under Article 27 to flow sewage into the public sewerage system or manage it without using other person's land or drainage system, he/she may install the drainage system through the other person's land or use the drainage system installed by the other person. (2) A person who uses other person's drainage system in accordance with paragraph (1) shall bear the cost and expenses required for the instalation or management in proportion to the benefits he/she gains therefrom.

(3) Any person who intends to use other person's land in accordance with paragraph (1) shall consult in advance with the owner or interested persons of the land, and shall give reasonable compensation for the damages and losses cased by his/her use.

Article 30 (Revocation, etc. of Permission)

(1) If a management agency for a combined-purpose structure, who executes any construction or maintenance work for the public sewerage system pursuant to Article 13, or a person who executes any construction or maintenance work for the public sewerage system pursuant to Article 16, a person who has obtained a permission for the occupation and use pursuant to Article 24, or a person who is obligated to install a drainage system pursuant to Article 27, falls under any of the following subparagraphs, the competent public sewerage management authority may revoke the permission, make a disposition of suspension, Reproduced from statutes of Republic of Korea

or order the person to take a measure as necessary: Provided, That the permission shall be revoked if the person falls under subparagraph (1):

1. If the person has obtained a permission under this Act by falsity or in any other fraudulent way;

2. If the person executes a construction work for a combined-purpose structure in violation of the agreement made pursuant to Article 13;

3. If the person executes a construction or maintenance work for the public sewerage system in violation of the terms of a permission granted pursuant to Article 16;

4. If the person occupies and uses the public sewerage system in violation of a permission granted pursuant to Article 24; or

5. If the person fails to perform his/her obligation to install a drainage system, submit a report thereon, maintain and manage it, or take a final inspection thereof. Article 31 (Inspection of drainage system, etc.)

Each public sewerage management authority or any person with an order or an authorization from the authority may inspect a drainage system or a hazard-preventive facility, and may have access to other person's land or structure, whenever necessary for such an inspection. In this regard, the provisons of Article 8 shall apply mutatis mutandis to such access. Article 32 (Aids, etc. for Installation of Private Sewerage) (1) The State may provide technical and financial aids, as may be necessary, for the installation of private sewerage treatment facilities under Article 34 with a view to extending the spread of private sewerage.

(2) The head of each local government may, whenever necessary for disposing sewage within his/her jurisdiction efficiently, grant a subsidy, fully or partially, for the cost and expenses required for the installation, alteration, or abolition of a private sewerage, or may execute construction works for such a private sewerage on his/her own.

(3) Any land owner shall not reject or hinder a construction work for a drainage system executed pursuant to paragraph (2) without any justifiable reason. Article 33 (Restriction, etc. on Use of Specific Industrial Products) The Minister of Environment may, when it is concluded that the use of a specific industrial product specified by the Presidential Decree significantly deteriorates sewage quality, issue an order of ban or restriction on manufacturing, importing, selling, distributing, or using the specific industrial product at issue in order to prevent further deterioration of sewage quality, subject to prior consultation with the heads of central administrative agencies concerned. SECTION 2 Private Sewerage Treatment Facilities

Article 34 (Installation of Private Sewerage Treatment Facilities) (1) Any person who builds up a building, facility, or similar (hereinafter referred to as "building") that discharges wastewater shall solely or jointly install a private sewage treatment facility: Provided, That the foregoing shall not apply to a case that falls under any of the following subparagraphs:

1. Where the wastewater is discharged into a terminal industrial effluent treatment plant under Article 48 of the Water Quality Conservation Act for treatment;

2. Where the wastewater is discharged into a public sewage treatment plant through a separate sewage culvert connected to the drainage system for treatment;

3. Where the wastewater is discharged through a combined sewage culvert connected to the drainage system for treatment within an area publicly announced as an area subject to the improvement of sewage culvert in accordance with the standards and procedure established by the Ordinance . Waterworks & Sewerage

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of the Ministry of Environment; or

4. Any other case that meets the requirements prescribed by the Ordinance of the Ministry of Environment. (2) Any person, who intends to install a private sewage treatment facility in accordance with paragraph (1) or make a change in an important matter such as the size of the facility or the treatment method, shall submit a report thereon to the head of Si/Gun/Gu in advance, as prescribed by the Ordinance of the Ministry of Environment. The foregoing shall apply where the closure of a private sewage treatment facility is intended.

(3) Any person who intends to install a private sewage treatment facility in accordance with paragraph (1) shall comply with the standards prescribed by the Presidential Decree in such installation. (4) The guidelines for the closure of a private sewage treatment facility under paragraph (2) shall be provided by the Ordinance of the Ministry of Environment. Article 35 (Special Exception for Extension, etc. of Building) (1) When it is anticipated that an intended extension of a building to a certain scale equivalent to or larger than the scale specified by the Presidential Decree or an alteration of a building for any purpose of use specified by the Presidential Decree will increase the quantity of wastewater created from the building, the owner of the building shall either install a private sewage treatment facility in accordance with Article 34 or extend the treatment capacity of the existing private sewage treatment facility: Provided, That the foregoing shall not apply to any case where the treatment capacity of a private sewage treatment facility already installed and operated requires to be improved, which falls under the requirements prescribed by the Presidential Decree such as a case requiring an improvement of treatment efficiency.

(2) The matters concerning the method for computing the quantity of wastewater created by the extension of a building or alteration thereof for any other purpose of use under paragraph (1) shall be determined and publicly notified by the Minister of Environment. Article 36 (Special Exception for Combined Treatment of Wastewater, Industrial Effluent, etc.) (1) Any business premises with a facility that treats the combination of the sewage discharged from the same business premises and the industrial effluent created from a discharging system permitted or reported in accordance with Article 33 of the Water Quality Conservation Act or the leachate created from a waste landfill installed in accordance with Article 29 of the Wastes Control Act shall be deemed to have installed a private sewage treatment facility under this Act.

(2) The wastewater treated in a combination under paragraph (1) shall be deemed as the industrial effluent under subparagraph 4 of Article 2 of the Water Quality Conservation Act or the leachate created from a waste landfill.

Article 37 (Final Inspection, etc. of Private Sewage Treatment Facilities, etc.) (1) Anyone who installs or alters a private sewage treatment facility in accordance with Article 34 or 35 shall, upon the completion of the installation or alteration works, undergo the final inspection conducted by the head of Si/Gun/Gu.

(2) The head of Si/Gun/Gu shall conduct an inspection of effluent water quality subsequently to the final inspection under paragraph (1) to ascertain whether standards for the quality of effluent water quality are complied with.

(3) Necessary matters concerning the methods of an application and inspection of the final inspection under paragraph (1) and the subject matters, time, method, etc. of an inspection on effluent water quality under paragraph (2) shall be prescribed by Ordinance of the Ministry of Environment. Article 38 (Planning and Construction of Private Sewage Treatment Facilities) Reproduced from statutes of Republic of Korea

Anyone who intends to install or alter a private sewage treatment facility shall engage a proprietor of a business specializing in planning and construction of treatment facilities under Article 51 (including a construction contractor under the proviso of paragraph (1) of the same Article) to execute planning and construction works: Provided, That the foregoing shall not apply to a case that falls under any of the following subparagraphs:

1. If a private sewage treatment facility is installed or altered for the purpose of research on sewage treatment;

2. If a person who has his/her preventive facilities business registered in accordance with Article 15 of the Development of and Support for Environmental Technology Act installs or alters a private sewage treatment facility;

3. If a pilot plant is installed to apply a sewage treatment method that has not been widely used domestically as treatment technology (which shall be limited to the one that has successfully passed a test conducted by a national or public testing institute, a research institute annexed to a university or college, or any other research or testing institute recognized by the Minister of Environment); or

4. If any person who has his/her business of manufacturing private sewage treatment facilities registered in accordance with Article 52 (1) installs or alters on his/her own such facility manufactured by himself/ herself.

Article 39 (Operation and Management of Private Sewage Treatment Facilities) (1) In operation and management of a private sewage treatment facility, the owner or manager of a private sewage treatment facility shall not commit an act that falls under any of the following subparagraphs:

1. An act of discharging wastewater created from the building without flowing it into the private sewage treatment facility, or an act of installing a facility that enables discharging wastewater without flowing it into the private sewage treatment facility;

2. An act of discharging wastewater influent from a private sewage treatment facility halfway without passing through a final discharging outlet, or an act of installing a facility with which wastewater influent from a private sewage treatment facility may be discharged halfway in such a manner;

3. An act of treating wastewater created from a building by mixing it with ordinary water, or an act of discharging such wastewater mixed with ordinary water; or

4. An act of discharging wastewater in excess of the standards of the effluent water quality because a private sewage treatment facility has not been operated in a normal condition without a justifiable reason.

(2) In maintenance and management of a private sewage treatment facility, the owner or manager of such a facility shall comply with the standards prescribed by the Ordinance of the Ministry of Environment concerning the self-measurement of discharged water quality, interior cleaning, etc. (3) The owner or manager of a private sewage treatment facility shall, when he/she is forced to discharge wastewater in excess of the standard discharged water quality due to an unavoidable cause or event prescribed by the Presidential Decree, submit a report in advance to the head of Si/Gun/Gu. (4) The matters on which the owner or manager of a private sewage treatment facility is obligated to submit a report in accordance with paragraph (3) and necessary matters concerning the procedure, etc. for such reporting shall be prescribed by the Ordinance of the Ministry of Environment. (5) If the owner or manager of a private sewage treatment facility does not perform interior cleaning again even after a fine for negligence has been imposed upon him/her pursuant to Article 80 (3) 12 on account of his/her failure to perform such interior cleaning of the relevant facility in compliance . Waterworks & Sewerage

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with the standards under paragraph (2), the head of Si/Gun/Gu may vicariously execute such cleaning work as prescribed by the Administrative Vicarious Execution Act and collect the cost and expenses therefor from the owner or manager.

(6) The owner of a building specified by the Presidential Decree out of the buildings that discharge wastewater into a private sewage treatment facility installed for common use shall establish an operating organization required for the joint management and maintenance of such a facility, as prescribed by the Ordinance of the Ministry of Environment, appoint the representative of the organization, and shall submit a report thereon to the head of Si/Gun/Gu. The foregoing shall apply to any intended revision to an important matter thereon as prescribed by the Presidential Decree. (7) In applying paragraphs (1) through (5) above and Article 40, the representative of an operating organization under paragraph (6) above shall be deemed as the owner or manager of the related private sewage treatment facility.

(8) The owner or manager of a private sewage treatment facility may entrust an entity specializing in management of treatment facilities as defined in Article 53 (1) with the management of the facility. (9) A person to whom the management of a private sewage treatment facility is entrusted in accordance with paragraph (8) shall be deemed as the owner or manager of the private sewage treatment facility in applying this Act: Provided, That the foregoing shall not apply where there is any ground specified by the Presidential Decree such as a case in which it is found that there is an obvious fault on the side of the owner of a private sewage treatment facility. Article 40 (Order of Improvement of Private Sewage Treatment Facilities) (1) If a result of the inspection of the effluent water quality under Article 37 (2) shows that the water quality is in excess of the standards of the effluent water quality, the head of Si/Gun/Gu may order the owner of the facility at issue to take necessary measures (hereinafter referred to as "improvement order") such as the improvement, replacement, or shutdown of the facility at issue, or the installation of an instrument with which the operating state of the facility may be monitored, within a time period given as prescribed by the Presidential Decree. (2) If it is found that a private sewage treatment facility does not conform the standards of the effluent water quality or the standards under Articles 34 (3) and 39 2) in its installation, operation, or management, the head of Si/Gun/Gu may issue an improvement order to its owner or manager for the facility at issue within a time period given as prescribed by the Presidential Decree. (3) A person to whom an improvement order was issued pursuant to paragraph (1) or (2) shall, upon completion of his/her performance in compliance with the order, report thereon to the head of Si/Gun/Gu without delay. In this case, the head of Si/Gun/Gu shall examine the state of such performance, and shall notify the person to whom the improvement order was issued of the results of his/her examination. (4) Necessary matters concerning the method of examining the state of performance under paragraph (3) shall be prescribed by the Ordinance of the Ministry of Environment. CHAPTER TREATMENT OF FOUL WASTE

Article 41 (Duty to Treat Foul Waste)

(1) Each head of Si/Gun/Gu is responsible for collecting, transporting, and disposing of the foul waste created within his/her jurisdiction. In this regard, the head of Si/Gun/Gu may engage a proprietor of a foul waste collection and transportation business under Article 45 to execute such collection and transportation vicariously, in accordance with the Municipal Ordinance of the local government. (2) Each Si/Gun/Gu (Gu refers only to an autonomous Gu; the same shall apply hereinafter) may Reproduced from statutes of Republic of Korea

specify remote areas and backcountry in which there are difficulties in collection, transportation, and treatment of foul waste as the areas exempt from the application of paragraph (1) by the Municipal Ordinance of the local government pursuant to the standards prescribed by the Ordinance of the Ministry of Environment.

(3) Any person who operates a vehicle, sea vessel, or aircraft in which a toilet is installed, or any person who installs or manages a mobile toilet shall collect, transport, and dispose of the foul waste discharged from the toilet (including wastewater from a plush toilet) on his/her own, but may engage a proprietor of a foul waste collection and transportation business as defined in Article 45, if he/she is unable to collect and transport it on his/her own. (4) In collecting, transporting, and disposing of foul waste, the head of Si/Gun/Gu may collect a service fee as prescribed by the Municipal Ordinance of the local government: Provided, That in case where the Mayor/ Do governor has established and operates a waste treatment plant, the Mayor/Do governor may collect the service fee for the treatment of foul waste, while in case where a proprietor of a foul waste collection and transportation business as defined in Article 45 vicariously executes such service, the proprietor may collect the service fee for such collection and transportation. (5) Any public sewerage management authority that has established and operates a waste treatment plant shall not reject a request for treatment of the foul waste collected and transported pursuant to paragraphs (1) and (3), except where there has occurred a cause or event specified by the Ordinance of the Ministry of Environment such as suspended operation of the waste treatment plant. Article 42 (Region-wide Management, etc. of Foul Waste) (1) The heads of local governments may jointly establish and operate a waste treatment plant, wherever it is deemed necessary to dispose of foul waste created from the jurisdictions of two or more local governments on a regional basis.

(2) The Minister of Environment (only in case where the Mayor/Do governor has established and operates a waste treatment plant) or the Mayor/ Do governor (only in case where the head of Si/Gun/Gu has established and operates a waste treatment plant) may initiate coordination between local governments as may be necessary for the establishment and operation of a waste treatment plant. (3) In initiating the coordination between local governments for the establishment and operation of a waste treatment plan pursuant to paragraph (2), the Minister of Environment or the Mayor/Do governor may give a recommendation to use a waste treatment plant together if it is necessary to use it together, and may also recommend the heads of local governments involved to make efforts to assist the area where such a facility is established in conserving and improving its living environment. In this case, the heads of local governments involved shall follow such recommendation, unless there is any exceptional situation otherwise.

Article 43 (Disposal of Foul Waste)

(1) The standards for the collection, transportation, and disposal of foul waste under the provisons of Article 41 (1) and (3) shall be prescribed by the Ordinance of the Ministry of Environment. (2) Any person who collects or transports foul waste shall not dump it recklessly on any place other than a place where it may be properly disposed of, in violation of the standards under paragraph (1).

(3) Notwithstanding paragraphs (1) and (2), foul waste may be disposed of in any way that may not cause any harm to living environment, in case of an area designated by the Municipal Ordinance of the competent local government pursuant to Article 41 (2). Article 44 (Recycling of Foul Waste)

(1) Any person who intends to recycle foul waste in a quantity equivalent to or more than the one . Waterworks & Sewerage

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prescribed by the Ordinance of the Ministry of Environment shall submit to the head of Si/Gun/Gu a report on his/her intended recycling: Provided, That the foregoing shall not apply where such foul waste is used in accordance with Article 43 (3).

(2) A person who has completed a report in accordance with paragraph (1) shall also submit another report to the head of Si/Gun/Gu, whenever he/she intends to revise any important matter as specified by the Ordinance of the Ministry of Environment.

(3) When a person who has completed a report under paragraph (1) recycles foul waste, he/she shall install and manage the recycling facility in compliance with the standards established by the Ordinance of the Ministry of Environment.

(4) The head of Si/Gun/Gu may, if it is found that a recycling facility has not been installed or managed in compliance with the standards under paragraph (3), issue an improvement order to the person who has installed and manages the recycling facility for the facility within a given time period, as prescribed by the Presidential Decree.

CHAPTER BUSINESS RELATED TO WASTEWATER AND FOUL

WASTE

Article 45 (Business of Collection and Transportation of Foul Waste) (1) Anyone who intends to engage in a business of collecting (including the cleaning for the interior of private sewage treatment facilities) and transporting foul waste (hereinafter referred to as "foul waste collection and transportation business") shall meet the requirements for the facilities, equipment, technical manpower, etc. under the standards prescribed by the Presidential Decree to obtain a license from the head of Si/Gun/Gu, and he/she shall submit a report on any intended change therein to the head of Si/Gun/Gu, whenever he/she intends to change any important matter specified by the Ordinance of the Ministry of Environment among the matters already licensed. (2) Anyone who desires to obtain a license for a foul waste collection and transportation business may submit a business plan to the head of Si/Gun/Gu as prescribed by the Ordinance of the Ministry of Environment before filing an application for such license under paragraph (1) to request the head of Si/Gun/Gu to examine preliminarily whether such a desired license will be appropriate. (3) The head of Si/Gun/Gu shall examine the business plan submitted in accordance with paragraph (2), and shall notify the requesting person of the appropriateness of the desired license within one month of the day on which such a request is submitted. (4) When the person to whom the notice of appropriateness was given pursuant to paragraph (3) fully meets the requirements for the facilities, equipment, technical manpower, etc. in accordance with the business plan on which the notice of appropriateness or inappropriateness was given and files an application for such license within six months of the day on which the notice was delivered, the head of Si/Gun/Gu shall grant a license without any delay. (5) In granting a license under paragraph (1), the head of Si/Gun/Gu may, whenever necessary for collecting and transporting efficiently foul waste created within his/her jurisdiction, designate a business territory or business target, or put a condition as necessary, as prescribed by the Presidential Decree. (6) Necessary matters concerning the procedure, etc. for the license and report on changes under paragraph (1) shall be prescribed by the Ministry of Environment. (7) Anyone who has obtained a license for a foul waste collection and transportation business under paragraph (1) (hereinafter referred to as "proprietor of a foul waste collection and transportation business") shall not allow any other person to use the proprietor's trade name or personal name for engaging Reproduced from statutes of Republic of Korea

in a waste collection and transportation business, or lend his/her license certificate to any other person. Article 46 (Succession to the Status of Proprietor of Foul Waste Collection and Transportation Business) (1) If the proprietor of a foul waste collection and transportation business transfers his/her business or is dead, or is merged with another corporation, if the proprietor is a corporation, the transferee, the heir, or the corporation surviving or newly established after such a merger shall succeed to the status of the previous proprietor: Provided, That the foregoing shall not apply if the transferee of the business or the corporation surviving or newly established after the merger falls under any of subparagraphs 1 through 4 of Article 48.

(2) If an heir who succeeds to the status of a proprietor in accordance with paragraph (1) falls under any of subparagraphs 1 through 4 of Article 48, or if a corporation that succeeds to such a status falls under subparagraph 5 of Article 48, such an heir or corporation shall either transfer the status of the proprietor to any other person within six months of the commencement date of inheritance or the date of merger, or replace such an officer with any other person. Article 47 (Duty to Comply with of Proprietor of Foul Waste Collection and Transportation Business) (1) The proprietor of any foul waste collection and transportation business shall not collect a service fee in excess of the guideline prescribed by the Ordinance of the competent local government. (2) The matters that the proprietors of a foul waste collection and transportation business (including their employees) shall necessarily comply with including their business activities, preparation and preservation of documents related thereto, etc. shall be prescribed by the Ordinance of the Ministry of Environment.

Article 48 (Disqualifications)

Anyone who falls under any of the following subparagraphs shall not be qualified for the license for a foul waste collection and transportation business:

1. An incompetent or a quasi-incompetent;

2. A person declared bankrupt, whose status has not been reinstated yet;

3. A person in whose case two years have not passed since a sentence of imprisonment with labor or a heavier punishment pronounced upon him/her on account of violation of this Act, the Water Quality Conservation Act, or the Wastes Control Act was completely executed (including a case in which it is deemed to have been completely executed) or finally and conclusively exempted from execution;

4. A person in whose case two years have not passed since his/her license for a foul waste collection and transportation business was revoked pursuant to this Act; or

5. A corporation in which there is an officer who falls under any of subparagraphs 1 through 4 above.

Article 49 (Revocation, etc. of License)

(1) If the proprietor of a foul waste collection and transportation business falls under any of the following subparagraphs, the head of Si/Gun/ Gu may revoke the license or order the proprietor to suspend his/her business completely or partially during a given time period, which shall not exceed six months: Provided, the license shall be necessarily revoked in any case set forth in subparagraph 1, 10, or 13:

1. Where he/she has obtained the license by falsity or in any other fraudulent way;

2. Where he/she continues his/her business without submitting a report on any change made or submits a report on such a change in any fraudulent way;

3. Where he/she fails to commence his/her business within one year after the day on which he/she obtained a license or has suspended his/her business continuously for one year or longer without . Waterworks & Sewerage

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any justifiable reason;

4. Where he/she violates the standards for the interior cleaning of private sewage treatment facilities under Article 39 (2);

5. Where he/she violates Article 43 (2) in collecting or transporting foul waste;

6. Where he/she fails to meet the standards for the license under Article 45 (1);

7. Where he/she allows any other person to use his/her trade name or personal name for engaging in a foul waste collection and transportation business, or lends his/her license certificate to someone else;

8. Where he/she violates Article 47 (1) in collecting a service fee;

9. Where he/she breaches his/her duty to comply with as the proprietor of a foul waste collection and transportation business under Article 47 (2);

10. Where he/she falls under any of subparagraphs 1 through 3 or 5 of Article 48: Provided, That the foregoing shall not apply where the proprietor is a corporation and the corporation has replaced an officer who fell under subparagraph 5 of Article 48 with someone else within six months;

11. Where he/she does not provide his/her technical personnel with opportunities to be trained, in violation of Article 67 (2) without a justifiable reason;

12. Where he/she does not keep, record, or preserve account books, or make an false entry therein, in violation of Article 68 (2);

13. Where he/she does not submit a report or data, or rejects, hinders, or evades an inspection of relevant documents, facilities, equipment, etc., in violation of Article 69 (1); or

14. Where he/she continues the business even during the business suspension period. (2) The guidelines for the disposition on each offense under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Environment, considering the motive and degree of such an offense. Article 50 (Penalty Surcharge)

(1) Where the disposition of business suspension shall be made against the proprietor of a foul waste collection and transportation business who falls under any subparagraph of Article 49 (1), the head of Si/Gun/Gu may impose a penalty surcharge not exceeding thirty million won in lieu of business suspension, if such business suspension is likely to cause serious inconvenience to the users, etc. of the service or give harm to public interests in any way. (2) The types of offenses against which penalty surchage under paragraph (1) may be imposed, the amount of penalty surcharge, the procedures for collection, and other necessary matters shall be prescribed by the Presidential Decree.

(3) If any person who is obligated to pay penalty surcharge in accordance with paragraph (1) fails to pay it within the time period for payment, the head of Si/Gun/Gu shall collect it by referring to the practices of the disposition on default of local taxes. (4) The penalty surcharge collected pursuant to paragraph (1) shall not be used for any purpose other than the environmental conservation projects.

Article 51 (Business of Planning and Construction of Private Sewage Treatment Facilities) (1) Anyone who desires to engage in a business of planning and construction of private sewage treatment facilities (hereinafter referred to as "business specializing in planning and construction of private sewage treatment facilities") shall meet the requirements for the facilities, equipment, technical manpower, etc. as prescribed by the Presidential Decree to register his/her business with the head of Si/Gun/Gu, and shall also register or report any change, as prescribed by the Ordinance of the Minister of Environment, whenever he/she intends to change any matter already registered: Provided, That the foregoing shall Reproduced from statutes of Republic of Korea

not apply to a person who has completed the registration of a construction business in a business type specified by the Presidential Decree pursuant to Article 9 (1) of the Framework Act on the Construction Industry.

(2) Necessary matters concerning the procedure, etc. for the business registration or the registration of or report on changes under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Environment.

(3) Anyone who has completed the registration of a business specializing in planning and construction of private sewage treatment facilities (hereinafter referred to as "proprietor of a business specializing in planning and construction of treatment facilities") shall not allow any other person to use his/her trade name or personal name for engaging in planning and construction of private sewage treatment facilities or lend his/ her registration certificate to someone else. (4) Articles 46 and 48 shall apply mutatis mutandis to the registration of a business specializing in planning and construction of private sewage treatment facilities. In this case, the term "proprietor of a foul waste collection and transportation business" shall be construed as "proprietor of a business specializing in planning and construction of treatment facilities", the term "foul waste collection and transportation business" as "business specializing in planning and construction of private sewage treatment facilities", and the term "license" as "registration". (5) The proprietor of a business specializing in planning and construction of treatment facilities owes a duty to comply with the provisions of the Ordinance of the Minister of Environment concerning the scope of its own planning works, the scope of subcontracting works, etc. for the awarded construction works.

(6) In executing construction works of a private sewage treatment facility in accordance with Article 38, the proprietor of a business specializing in planning and construction of treatment facilities may execute planning and construction for the construction works if the construction works fall under the construction works under subparagraph 4 of Article 2 of the Framework Act on the Construction Industry, notwithstanding Articles 8 (1) and 9 (1) of the aforesaid Act. (7) The proprietor of a business specializing in planning and construction of treatment facilities may execute planning and construction works for public sewage treatment plants with the scale, characteristics of work classifications, etc. specified by the Presidential Decree. Article 52 (Manufacturing Business of Private Sewage Treatment Facilities) (1) Anyone who desires to engage in a business of manufacturing private sewage treatment facilities (hereinafter referred to as "manufacturing business of private sewage treatment facilities") shall meet the requirements for the facilities, equipment, technical manpower, etc. under the standards prescribed by the Presidential Decree to register the business with the head of Si/Gun/Gu, and shall also register or report any change in the matters already registered, as prescribed by the Ordinance with the Ministry of Environment, whenever he/she intends to make such a change. (2) Necessary matters concerning the procedure, etc. for the business registration or the registration of or report on changes shall be prescribed by the Ordinance of the Ministry of Environment. (3) Necessary matters concerning the standards of the structure, specification, materials, performance of private sewage treatment facilities, etc. that anyone who has completed the registration under paragraph (1) (hereinafter referred to as "manufacturer of treatment facilities") is allowed to manufacture shall be prescribed by the Ordinance of the Ministry of Environment. (4) A manufacturer of treatment facilities shall undergo an inspection of whether the materials and performance of the private sewage treatment facilities that he/she intends to manufacture conform to the standards under paragraph (3), as prescribed by the Presidential Decree. In this regard, necessary . Waterworks & Sewerage

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matters concerning the inspection institution, the method and procedure for inspection, etc. shall be prescribed by the Ordinance of the Ministry of Environment. (5) Every manufacturer of treatment facilities shall not allow any other person to use his/her trade name or personal name for manufacturing private sewage treatment facilities, or lend his/her registration certificate to someone else.

(6) Articles 46 and 48 shall apply mutatis mutandis to the registration of the manufacturing business of private sewage treatment facilities under paragraph (1). In this context, the term "proprietor of a foul waste collection and transportation business" shall be construed as "manufacturer of treatment facilities'; the term "foul waste collection and treatment business" as "manufacturing business of private sewage treatment facilities; and the term "license" as "registration". (7) Every manufacturer of treatment facilities owes a duty to comply with the provisions of the Ordinance of the Ministry of Environment concerning the methods of the quality inspection of private sewage treatment facilities, etc.

Article 53 (Management Business of Private Sewage Treatment Facilities) (1) Anyone who desires to engage in a business specializing in management of private sewage treatment facilities (hereinafter referred to as "management business of private sewage treatment facilities") shall meet the requirements for the facilities, equipment, technical manpower, etc. under the standards prescribed by the Presidential Decree to register the business with the head of Si/Gun/Gu, and shall also register or report any change in the matters already registered, as prescribed by the Ordinance of the Ministry of Environment, whenever he/she intends to make such a change. (2) Necessary matters concerning the procedure, etc. for the business registration and the registration of or report on changes under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Environment.

(3) Everyone who has completed the registration of a management business of private sewage treatment facilities in accordance with paragraph (1) (hereinafter referred to "manager of private sewage treatment facilities") shall not allow any other person to use his/her trade name of personal name for engaging in management of private sewage treatment facilities, nor lend his/her registration certificate to someone else.

(4) Articles 46 and 48 shall apply mutatis mutandis to the registration of the management business of private sewage treatment facilities under paragraph (1). In this context, the term "proprietor of a foul waste collection and transportation business" shall be construed as "manager of treatment facilities," the term "foul waste collection and transportation business" as "management business of treatment facilities", and the term "license" as "registration". (5) The manager of treatment facilities owes a duty to comply with the provisions of the Ordinance of the Minister of Environment concerning the standards of the effluent water quality, monitoring of the operating state of treatment facilities, etc. Article 54 (Revocation, etc. of Registration)

(1) If a proprietor of a business specializing in planning and construction of treatment facilities, a manufacturer of treatment facilities, or a manager of treatment facilities falls under any of the following subparagraphs, the head of Si/Gun/Gu may revoke the registration or order such a person to suspend the business completely or partially for a given time period, which shall not exceed six months: Provided, That the registration shall be necessarily revoked if he/she falls under subparagraph 1 or any of subparagraphs 8 through 11:

1. Where he/she has registered his/her business by falsity or in any other fraudulent way;

2. Where he/she continues his/her business without submitting a report on any change made or submits Reproduced from statutes of Republic of Korea

a report on such a change in any fraudulent way;

3. Where he/she fails to commence his/her business within one year after the day on which he/she completed the registration or has suspended his/her business continuously for one year or longer without any justifiable reason;

4. Where he/she allows any other person to use his/her trade name or personal name for engaging in the business, or lends his/her registration certificate to someone else;

5. Where a proprietor of a business specializing in planning and construction of treatment facilities shows poor performance in executing planning and construction works for private sewage treatment facilities or subcontracts awarded construction works entirely to someone else in the lump;

6. Where a proprietor of a business specializing in planning and construction of treatment facilities, a manufacturer of treatment facilities, or a manager of treatment facilities does not perform his/her duty to comply with;

7. Where a manufacturer of treatment facilities manufactures private sewage treatment facilities at any place outside of the facilities, equipment, or factory registered by himself/herself;

8. Where a proprietor of a business specializing in planning and construction of treatment facilities executes a new contract or engages in the business to perform such a contract even during the business suspension period;

9. Where a proprietor of a business specializing in planning and construction of treatment facilities or a manufacturer of treatment facilities continues the business even during the business suspension period;

10. Where he/she falls under any of subparagraphs 1 through 3 or 5 of Article 48, which shall apply mutatis mutandis pursuant to Article 51 (4), 52 (6), or 53 (4): Provided, That the foregoing shall not apply where a corporation had an officer who falls under subparagraph 5 of Article 48, but the officer at issue has been replaced with someone else within six months;

11. Where he/she manufactures any product other than those registered in accordance with Article 52 (1);

12. Where he/she fails to meet the requirements for registration under Article 51 (1), 52 (1), or 53 (1);

13. Where a manufacturer of treatment facilities manufactures a private sewage treatment facility not conforming to the standards of the structure, specification, materials, and performance under Article 52 (3) or omits to receive an inspection under Article 52 (4);

14. Where he/she does not provide his/her technical personnel with opportunities to be trained in violation of Article 67 (2) without a justifiable reason; or

15. Where he/she has not submitted a report or data in violation of Article 69 (1), or rejects, hinders, or evades an inspection of relevant documents, facilities, or equipment, etc. (2) The guidelines for the disposition on each offence under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Environment, considering the motive and degree of the offense. Article 55 (Continuing Works of Proprietor of a Business Specializing in Planning and Construction of Treatment Facilities with Registration Revoked or Business Suspended) (1) A proprietor of a business specializing in planning and construction of treatment facilities whose registration was revoked or against whom the disposition of business suspension was made pursuant to Article 54 may continue the planning and construction works only for the contracts executed before such a disposition was made. In this case, the head of Si/Gun/Gu may designate a person qualified under the Ordinance of the Ministry of Environment as a supervisor to manage and supervise over the projects.

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(2) A proprietor of a business specializing in planning and construction of treatment facilities whose registration was revoked but continues his/ her planning and construction works in accordance with paragraph (1) shall be deemed as a proprietor of a business specializing in planning and construction of treatment facilities until the planning and construction works involved are completed. Article 56 (Report on Temporary Shutdown, Permanent Closedown, etc.) The proprietor of a foul waste collection and transportation, a proprietor of a business specializing in planning and construction of treatment facilities, a manufacturer of treatment facilities, or a manager of treatment facilities shall, when he/she intends to shut down temporarily, close down permanently or resume his/her business, submit a report to the competent licensing or registering administrative authority as prescribed by the Ordinance of the Ministry of Environment. CHAPTER LIABILITY, ETC. FOR EXPENSES

Article 57 (Principle of Liability for Expenses)

Except as provided specifically by this Act or any other Act, the local government to which a public sewerage management authority concerned belongs shall be liable for the expenses for public sewerage system.

Article 58 (Apportionment of Expenses)

(1) Each public sewerage management authority under Article 18 (2) may apportion all or part of the expenses required for installation, alteration, repair, and maintenance of a public sewerage system to other local governments that benefit from the public sewerage system within the extent of the benefits they gain therefrom.

(2) The matters concerning the apportionment of expenses under paragraph (1) shall be mutually agreed upon between the local governments concerned.

(3) When the local governments concerned fail to reach an agreement pursuant to paragraph (2), they may file an application for decision with the Mayor/Do governor (or the Minister of Environment if one party or both parties of the relevant local governments are Cities/Do). (4) In making a decision pursuant to paragraph (3), the Minister of Environment shall have a prior consultation with the Minister of Public Administration and Security.

(5) It shall be deemed that an agreement under paragraph (2) is formed when a decision is made pursuant to paragraphs (3) and (4).

Article 59 (Order of Apportionment to Si/Gun)

Where any Do bears expenses for a public sewerage system pursuant to Articles 18 (2) and 57, the Do governor may require the Si/Gun that benefits from the public sewerage system to pay all or part of such expenses, as prescribed by Presidential Decree. Article 60 (Apportionment of Expenses for Construction Works, etc. of Combined-purpose Structure) The cost and expenses for construction or maintenance works of a public sewerage system executed pursuant to Article 13 (1) or those required for construction or maintenance works of a multi-purpose structure shall be apportioned to the competent public sewerage management authority and the management agency of the multi-purpose structure under an agreement between them within the extent of benefits that each of them gains therefrom.

Article 61 (Charge, etc. on Burden-causing Entities) (1) Each public sewerage management authority may charge all or part of expenses for alteration of a public sewerage system on the owner of a building allowed to discharge wastewater in a quantity equivalent to or more than the one prescribed by Presidential Decree (or the project owner or the Reproduced from statutes of Republic of Korea

construction entity if the building or structure is under construction). (2) Each public sewerage management authority may charge all or part of expenses required for construction works of a public sewerage system which have become necessary due to any accompanying construction work or activity other than construction works giving impact on the public sewerage system (hereinafter referred to as "unrelated activity") as specified by the Presidential Decree on a person who shall be liable for expenses for the accompanying construction work or unrelated activity, or require such a person to execute construction works as may be necessary. (3) The guidelines for computation of charges for which burden-causing entities shall be liable pursuant to paragraphs (1) and (2), the method of collection, and other necessary matters shall be prescribed by the Municipal Ordinance of the competent local government. Article 62 (Liability for Cost and Expenses of Accompanying Construction Works) (1) Except where there is any specific condition on a permission under Article 24, the person who is liable for the cost and expenses of a public sewerage system within the extent that he/she has brought about a cause of an accompanying construction work shall bear all or part of the cost and expenses required for the accompanying construction work executed under Article 14(1). (2) Article 61 (2) shall apply mutatis mutandis where any construction work for a public sewerage system which causes an accompanying construction work under paragraph (1) has become necessary owing to an accompanying construction work or unrelated activity. Article 63 (State Subsidies)

The State may subsidize local governments for all or part of cost and expenses of the projects for the installation, alteration, or disaster recovery of the public sewerage system within the limit of its budget.

Article 64 (Free Lease or Conveyance of State-owned Land) The State may lease or convey a parcel of land, which falls within the category of the State-owned miscellaneous property, to a local government without consideration, when the land is required for a project for public sewerage system.

Article 65 (Use Fee, etc)

(1) Each public sewerage management authority may collect rent or a use fee from the persons who occupy or use a public sewerage system. In this regard, the matters concerning the collection of rent or a use fee shall be prescribed by the Municipal Ordinance of the competent local government pursuant to the standards established by the Presidential Decree. (2) The revenue collected pursuant to paragraph (1) may not be used for any purpose other than the purposes pertaining to public sewerage system. (3) The use fee under paragraph (1) may not be collected, unless and until a public notice of the commencement of service is given pursuant to Article 15. CHAPTER SUPPLEMENTARY PROVISIONS

Article 66 (Technical Manager)

(1) Every person who has installed and operates a private sewage treatment facility in a size equivalent to or larger than the one prescribed by the Presidential Decree shall have a technical manager, who shall be responsible for technical affairs related to the maintenance and management of the facility: Provided, That the foregoing shall not apply to a case falling under either of the following subparagraphs: . Waterworks & Sewerage

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1. Where the management of a private sewage treatment facility has been entrusted to a manager of treatment facilities; or

2. Where there is an environmental engineer appointed in accordance with Article 47 of the Water Quality Conservation Act in the workplace.

(2) Necessary matters concerning the standard qualifications for technical managers under paragraphs (1), their duties to comply with, etc. shall be prescribed by the Ordinance of the Ministry of Environment. Article 67 (Training)

(1) Every person who operates and manages a public sewage treatment plant or waste treatment plant shall provide the operators of such a facility with opportunities to take training courses conducted by the Minister of Environment so that the public sewage treatment plant and waste treatment plant may be operated and managed efficiently.

(2) Every proprietor of a foul waste collection and transportation business, proprietor of a business specializing in planning and construction of treatment facilities, manufacturer of treatment facilities, manager of treatment facilities, and person who is obligated to appoint a technical manager in accordance with Article 66 shall provide the technical personnel and technical manager employed by them with opportunities to take training courses conducted by the Minister of Environment. (3) The Minister of Environment may collect expenses required for such training courses as set forth in paragraph (1) or (2) from the employers of the trainees. (4) The trainees eligible for the training courses under paragraph (1) or (2), the subjects of such training courses, and other necessary matters shall be prescribed by the Presidential Decree. Article 68 (Recording and Preservation of Account Books) (1) Each public sewerage management authority shall prepare and preserve the public sewerage management ledger as prescribed by the Ordinance of the Ministry of Environment. (2) Anyone who recycles foul waste in accordance with Article 44 or the proprietor of a foul waste collection and transportation business shall keep account books as prescribed by the Ordinance of the Ministry of Environment, and make entries of the place from which foul waste has been collected, the quantity collected, and the status of disposal thereon. The preservation period of such account books shall be three years beginning on the day on which the last entry is made thereon. Article 69 (Report and Inspection)

(1) If any hazardous pollution has occurred or is likely to occur owing to leakage of wastewater or foul waste or there occurs any other cause or event specified by the Presidential Decree, the Minister of Environment or the head of each local government may require a person who falls under any of the following subparagraphs to submit a report or data, and may assign related public officials to have access to the facility, or workplace, etc. at issue to inspect related documents, facilities, equipment, etc.:

1. A person who manufactures, imports, sells a specific industrial product specified by the Presidential Decree pursuant to Article 33;

2. A person who recycles foul waste in accordance with Article 44;

3. A proprietor of a foul waste collection and transportation business;

4. A proprietor of a busienss specializing in planning and construction of treatment facilities;

5. A manufacturer of treatment facilities; or

6. A manager of treatment facilities. (2) The Minister of Environment or the head of each local government may assign related public Reproduced from statutes of Republic of Korea

officials to have access to a building in which a private sewage treatment facility is installed to inspect the state of maintenance and management thereof.

(3) The public officials who have access to conduct an inspection pursuant to paragraph (1) and (2) shall carry an identification showing their authority, and shall present it whenever there is a demand from a person concerned to do so.

(4) Necessary matters concerning the identification under paragraph (3) shall be prescribed by the Ordinance of the Ministry of Environment.

Article 70 (Fees)

Anyone who desires to have a permission or registration or an inspection that falls under any of the following subparagraphs shall pay a fee as prescribed by the Ordinance of the Ministry of Environment:

1. License for a foul waste collection and transportation business under Article 45 (1);

2. Registration of a business specializing in planning and construction of private sewage treatment facilities or registration of changes therein under Article 51 (1);

3. Registration of a manufacturing business of private sewage treatment facilities or registration of changes therein under Article 52 (1);

4. Inspection of performance and materials of private sewage treatment facilities under Article 52 (4); or

5. Registration of a management business of private sewage treatment facilities or registration of changes therein under Article 53 (1).

Article 71 (Request, etc. for Revocation of License) (1) If any holder of a restaurant business license under Article 22 of the Food Sanitation Act or any person who has filed a report on a lodging business under Article 3 of the Public Health Control Act falls under any of the following subparagraphs, the head of Si/Gun/Gu may request the head of the competent administrative agency accountable for the affairs relating to licensing for or reporting on such a business to revoke the business license, issue an order to close down such a business, or make a disposition of business suspension for a certain time period, which shall not exceed six months:

1. Where such a person has violated the standards of the effluent water quality for private sewage treatment facilities twice or more during the latest one year;

2. Where such a person has not installed his/her private sewage treatment facility or has not extended the treatment capacity of the facility in accordance with Article 34 or 35; or

3. Where such a person has not made performances in compliance with an improvement order issued with respect to his/her private sewage treatment facility pursuant to Article 40. (2) When any person who registered a tourist-use facility business in accordance with Article 4 (2) of the Tourism Promotion Act (excluding the tourist souvenir retail business for foreigners only) falls under any of subparagaphs of paragraph (1), the head of Si/Gun/Gu may request the head of the competent administrative agency accountable for the registration of such a business to revoke the registration or make a disposition of business suspension for a certain time period, which shall not exceed six months.

(3) The head of the administrative agency so requested pursuant to paragraph (1) or (2) shall comply with such a request unless there is any exceptional situation. Article 72 (Hearing)

Before making a disposition falling under either of the following subparagraphs, the head of Si/Gun/Gu shall hold a hearing as provided by the Administrative Procedures Act: . Waterworks & Sewerage

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1. Revocation of a foul waste collection and transportation business under Article 49; or

2. Revocation of registration of a business specializing in planning and construction of private sewage treatment facilities, manufacturing business of private sewage treatment facilities, or management business of private sewage treatment facilities.

Article 73 (Forcible Collection)

If any person does not pay any use fee, rent, or any other charge due under this Act, an order, a disposition issued or made pursuant to this Act, or a provision of the Municipal Ordinance, the competent public sewerage management authority may collect such use fee, rent, or charge by referring to the practices of the disposition on default of local taxes. Article 74 (Delegation, Entrustment, etc. of Authority or Affairs) (1) The authority of the Minister of Environment under this Act may be delegated partially to the Mayor/Do governor or the head of a local environment-related office as prescribed by the Presidential Decree.

(2) The Minister of Environment may entrust competent specialized institutions specified by the Presidential Decree with the affairs relating to the operation of training courses for the operators of public sewage treatment plants or waste treatment plants under Article 67. (3) The head of each local government may entrust competent specialized institutions specified by the Presidential Decree with the affairs relating to construction works and management of public sewerage system.

(4) The officers, and employees of an institution to which the management of a public sewerage system has been entrusted pursuant to paragraph (3) shall be deemed as public officials for the purpose of application of Articles 129 through 132 of the Criminal Act.

(5) Each public sewerage management authority may commission a specialized institution specified by the Ordinance of the Ministry of Environment to vicariously execute the technical checkup under Article 20 (1).

CHAPTER PENAL PROVISIONS

Article 75 (Penal Provision)

Any person falling under one of the following subparagraphs shall be punished by imprisonment for not more than five years or a fine not exceeding thirty million won:

1. A person who commits an act under Article 19 (2) 1 or 2; or

2. A person who interrupts sewage flow by destroying a public sewerage system or impeding its functions in violation of Article 19 (5).

Article 76 (Penal Provision)

Any person falling under one of the following subparagraphs shall be punished by imprisonment for not more than two years or a fine not exceeding twenty million won:

1. A person who commits an act under Article 19 (2) 3;

2. A person who manufactures, imports, or sells a specific industrial product in violation of an order issued pursuant to Article 33;

3. A person who has not installed a private sewage treatment facility or has not extended its treatment capacity in violation of the provisions s of Article 34 or 35: Provided, That the foregoing shall Reproduced from statutes of Republic of Korea

apply only where the treatment capacity of the private sewage treatment facility that the person is obligated to install or extend exceeds two cubic meters per day;

4. A person who has engaged in a foul waste collection and transportation business without a license under Article 45 (1);

5. A person who allows any other person to use his/her trade name or personal name or lend his/her license certificate or registration certificate in violation of Article 45 (7), 51 (3), 52 (5), or 53 (3);

6. A person who has engaged in a business of planning and construction of private sewage treatment facilities without the registration under Article 51 (1);

7. A person who has engaged in a manufacturing business of private sewage facilities without the registration under Article 52 (1) or an inspection under Article 52 (4); or

8. A person who has engaged in a management business of private sewage treatment facilities without the registration under Article 53 (1).

Article 77 (Penal Provision)

Any person falling under one of the following subparagraphs shall be punished by imprisonment for not more than one year or a fine not exceeding ten million won:

1. A person who executes a sewerage construction work with a sewerage material not conforming to the standards in violation of Article 12 (3);

2. A person who interrupts sewage flow by manipulating a public sewerage system without a justifiable reason in violation of Article 19 (6);

3. A person who violates an order issued pursuant to Article 23 to take such a measure as installation of a hazard-preventive facility;

4. A person who violates an order issued pursuant to Article 25 (1) to suspend or alter construction works;

5. A person who violates an order issued pursuant to Article 25 (2) to take such a measure as improvement of a facility;

6. A person who has not installed a private sewage treatment facility or has not extended its treatment capacity in violation of Article 34 or 35: Provided, That the foregoing shall apply only where the treatment capacity of the private sewage treatment facility that the person is obligated to install or extend does not exceed two cubic meters per day;

7. An owner or caretaker of a private sewage treatment facility, who commits an act falling under any of subparagraphs of Article 39 (1);

8. A person who does not comply with an order issued pursuant to Article 40 (1) or (2) to improve a private sewage treatment facility;

9. A person who dumps foul waste recklessly in violation of Article 43 (2);

10. A person who recycles foul waste without submitting a report in accordance with Article 44 (1);

11. A person who violates an improvement order under Article 44 (4);

12. A person who has obtained a license for a foul waste collection and transportation business under Article 45 (1) by falsity or in any other fraudulent way;

13. A person who continues his/her business even during the business suspension period under Article 49 (1) or 54;

14. A person who has registered a business specializing in planning and construction of private sewage treatment facilities under Article 51 (1) or any change thereof by falsity or in any other fraudulent . Waterworks & Sewerage

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way;

15. A person who changes any matter registered concerning the business specializing in planning and construction of private treatment facilities without registering such change in accordance with Article 51 (1);

16. A person who has registered a manufacturing business of private sewage treatment facilities under Article 52 (1) or any change in such registration by falsity or in any other fraudulent way;

17. A person who changes any matter registered without registering such change in accordance with Article 52 (1);

18. A person who manufactures and sells any product not conforming to the standards of the structure, specification, materials, and performance of private sewage treatment facilities under Article 52 (3);

19. A person who has registered a management business of private sewage treatment facilities under Article 53 (1) or any change in such registration by falsity or in any other fraudulent way; or

20. A person who changes any matter registered concerning the management business of private sewage treatment facilities without registering such change in accordance with Article 53 (1). Article 78 (Penal Provision)

Any person falling under one of the following subparagraphs shall be punished by a fine not exceeding two million won:

1. A person who collects and transports foul waste in violation of the standards under Article 43 (1);

2. A person who recycles foul waste in violation of Article 44 (3); or

3. A person who does not employ a technical manager under Article 66 (1). Article 79 (Joint Penal Provisions)

If the representative of a legal entity, or an agent, an employee, or a servant of a legal entity or a private individual commits such an offence enumerated in Articles 75 through 78 in connection with the business of the legal entity or private individual, not only shall such an offender be punished accordingly, but the legal entity or private individual shall also be punished by a fine under each corresponding Article.

Article 80 (Fine for Negligence)

(1) Any person who does not abide by a specific performance order issued by the Minister of Environment or the head of a local government in violation of Article 26 (4) shall be punished by a fine for negligence not exceeding ten million won.

(2) Any person who falls under either of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won:

1. A person who discharges wastewater in violation of the standards of the effluent water quality; or

2. A person who has not installed a water renewal system in violation of Article 26 (1). (3) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won:

1. A person who rejects or hinders the access to or use of land in violation of Article 8 (4);

2. A person who executes a construction work without a permission of the competent public sewerage management authority under Article 16 (1);

Reproduced from statutes of Republic of Korea

3. A person who is responsible for operation and management of a public sewage treatment plant or waste treatment plant, but has not conducted the discharged water quality tests and sludge composition tests, or has not preserved the records of such tests in violation of Article 19 (3);

4. A person who commits an act that constitutes occupation of a public sewerage system without a permission from the competent public sewerage management authority in accordance with Article 24;

5. A person who discharges sewage without installing a drainage system in violation of Article 27 (1);

6. A person who violates a specific performance order issued by the competent public sewerage management authority pursuant to Article 30;

7. A person who uses a specific industrial product in violation of an order issued pursuant to Article 33;

8. A person who omits to report in violation of Article 34 (2);

9. A person who does not comply with the standards of closure under Article 34 (4);

10. A person who uses a private sewage treatment facility without taking a final inspection under Article 37;

11. A person who has commissioned anyone to install or alter a private sewage treatment facility in violation of Article 38;

12. A person who maintains and manages a private sewage treatment facility not conforming to the standards in violation of Article 39 (2);

13. A person who has not established an operating organization or has not reported such a fact in violation of Article 39 (6);

14. A person who collects, transports, or disposes of foul waste in violation of Article 41 (3);

15. A person who omits to report in violation of Article 44 (2);

16. A person who has not reported any change in accordance with Article 45 (1), 51 (1), 52 (1), or 53 (1), or has submitted a false report on any change;

17. A person who violates the business territory, business target, or any other condition of permission under Article 45 (5);

18. A person who receives a fee in violation of Article 47 (1);

19. A person who does not perform his/her duty to comply with as the proprietor of a foul waste collection and transportation business under Article 47 (2);

20. A person who does not perform his/her duty to comply with as a proprietor of a business specializing in planning and construction of treatment facilities under Article 51 (5);

21. A person who does not perform his/her duty to comply with as a manufacturer of treatment facilities under Article 52 (7);

22. A person who does not perform his/her duty to comply with as a manager of treatment facilities under Article 53 (5);

23. A person who omits to report in violation of Article 56;

24. A person who does not perform his/her duty to comply with as a technical manager under Article 66 (2);

25. A person who has not provided his/her operators, technical personnel, or engineers with opportunities to be trained without a justifiable reason in violation of Article 67 (1) or (2); . Waterworks & Sewerage

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26. A person who has not recorded and preserved the records in violation of Article 68 (2);

27. A person who has not submitted a report or data or has submitted a false report in violation of Article 69 (1); or

28. A person who rejects, hinders, or evades an access, inspection, etc. under Article 69 (1) or (2). (4) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five hundred thousand won:

1. A person who executes a construction work for a drainage system in violation of an order of vicarious execution under Article 27 (2);

2. A person who has not submitted a report on installation of a drainage system, etc. in accordance with Article 27 (3);

3. A person who rejects, hinders, or evades an inspection of a drainage system, etc. under Article 31; or

4. A person who rejects or hinders a construction work for a drainage system under Article 32 (3). (5) The fine for negligence under paragraphs (1) through (4) shall be imposed and collected by the Minister of Environment or the head of each local government (hereinafter referred to as "imposing authority"), as prescribed by the Presidential Decree. (6) Any person who is dissatisfied with the disposition of a fine for negligence under paragraph (5) may raise an objection to the imposing authority within thirty days from the day on which the disposition is notified.

(7) Where any person subjected to the disposition of a fine for negligence under paragraph (5) files an objection under paragraph (6), the imposing authority shall promptly notify the competent court thereof, and the court shall, upon receiving such a notice, put the case to trial pursuant to the Non-Contentious Case Litigation Procedure Act.

(8) If neither an objection is raised nor is a fine for negligence paid within the period as prescribed in paragraph (6), it shall be collected by referring to the practices of the disposition on default of national or local taxes.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation. Article 2 (Repealed Act)

The Act on the Disposal of Sewage, Excreta and Livestock Wastewater is hereby repealed. Article 3 (Applicable Cases, etc. concerning Reuse of Water Treated by Public Sewage Treatment Plants) (1) Article 21 (1) as amended shall be applicable to the cases of public notice (referring to a public notice under Article 11 (2) as amended), authorization, or permission (hereinafter referred to as "authorization or permission") for installation of a public sewage treatment plant given or granted first pursuant to Article 11 or 16 as amended on the first anniversary of the enforcement date of this Act or thereafter. (2) Each public sewerage management authority may use the water treated by public sewage treatment plants installed or under construction, or granted an authorization or a permission, before the enforcement of this Act as recycled water or may supply it to the people who need it. In this case, the charge under Article 21 (3) may be imposed.

Article 4 (General Transitional Measure)

The dispositions, proceedings, and other actions done before the enforcement of this Act pursuant Reproduced from statutes of Republic of Korea

to the provisions of the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater shall be deemed as those done pursuant to the provisions of this Act corresponding thereto. Article 5 (Transitional Measures concerning Installation and Operation of Water Renewal System) (1) The water renewal systems installed and being operated in accordance with Article 11 of the Water Supply and Waterworks Installation Act before the enforcement of this Act shall be deemed to have been installed and operated pursuant to Article 26 as amended. (2) The specific performance orders and other actions issued or done by the heads of Si/Gun/Gu pursuant to Article 11 of the Water Supply and Waterworks Installation Act or actions done against the heads of Si/Gun/ Gu before the enforcement of this Act shall be deemed to have been done pursuant to Article 26 as amended.

Article 6 (Transitional Measures concerning Businesses Related to Foul Waste, etc.) (1) The persons who holds a license for a business of collection and transportation of foul waste, etc. or cleaning of septic tanks under Article 35 of the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater enforceable as of the time this Act enters into force shall be deemed to have obtained a licence for foul waste collection and transportation business under Article 45 as amended. (2) The persons who holds a license or registered for a management business of wastewater treatment facilities, a planning and construction business of wastewater treatment facilities, or a manufacturing business of wastewater treatment facilities under the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater enforceable as of the time this Act enters into force shall be deemed to have registered a management business of private sewage treatment facilities, a business specializing in planning and construction of private sewage treatment facilities, or a manufacturing business of private sewage treatment facilities respectively in accordance with the relevant provisions of this Act. (3) The business territory or business target designated or other conditions attached by the head of Si/Gun/Gu in granting a business license related to excreta, etc. pursuant to the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater shall be deemed as the business territory or business target designated or other conditions attached pursuant to Article 45 (5) as amended. Article 7 (Transitional Measure concerning Installation of Public Sewerage System) The community sewerage systems installed pursuant to the Rearrangement of Agricultural and Fishing Villages Act or the Act on the Promotion of Amelioration of Housing in Agricultural and Fishing Villages as of the enforcement of this Act, which have sewage treatment capacity of less than fifty cubic meters per day, shall be deemed as public sewerage systems under this Act from January 1, 2010, on which this Act shall be enforceable to such systems. Article 8 (Transitional Measure concerning Charges Owed by Burden-Causing Entities) The charges imposed upon burden-causing entities pursuant to the former provisons of Article 32 (3) and (4) shall be governed by the former provisions, if the time limit for payment expires before the enforcement date of this Act.

Article 9 (Transitional Measure concerning Imposition of Penalty Surcharge, and Application of Penal Provisons and Fine for Negligence)

The acts committed before the enforcement of this Act shall be governed by the former provisons in imposition of penalty surcharge and application of penal provisons and fine for negligence. Article 10 Omitted.

Article 11 (Relations with Other Acts and Subordinate Statutes) A citation of the former Sewerage Act or the Act on the Disposal of Sewage, Excreta and Livestock Wastewater or any provision thereof by any of other Acts and subordinate statutes enforceable at . Waterworks & Sewerage

3. Sewerage Act 585

the time when this Act enters into force, if any, shall be deemed to be a citation of this Act or a corresponding provision hereof, if there is such corresponding provision herein. ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation. Articles 2 through 17 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 through 16 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 through 10 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.) Articles 2 through 9 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.) Articles 2 through 9 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six on the date of its promulgation. (Proviso Omitted.) Articles 2 through 7 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. Articles 2 and 3 Omitted.

ADDENDA

Article 1 (Enforcement Date)

Reproduced from statutes of Republic of Korea

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 through 10 Omitted.

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